Sec. 3722. MISCELLANEOUS PROVISIONS
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## SEC. 3722 MISCELLANEOUS PROVISIONS ###
(a)Waiver of Sovereign Immunity Except as provided in subsections
(a)through
(c)of section 208 of the Department of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing in this subtitle waives the sovereign immunity of the United States. ###
(b)Other Tribes Not Adversely Affected Nothing in this subtitle quantifies or diminishes any land or water right, or any claim or entitlement to land or water, of an Indian tribe, band, or community other than the Tribe. ###
(c)Limitation on Claims for Reimbursement With respect to any Indian-owned land located within the Reservation— ####
(1)the United States shall not submit against that land any claim for reimbursement of the cost to the United States of carrying out this subtitle or the Compact; and ####
(2)no assessment of that land shall be made regarding that cost. ###
(d)Limitation on Liability of United States ####
(1)In general The United States has no obligation— #####
(A)to monitor, administer, or account for, in any manner, any funds provided to the Tribe by the State; or #####
(B)to review or approve any expenditure of those funds. ####
(2)Indemnity The Tribe shall indemnify the United States, and hold the United States harmless, with respect to all claims (including claims for takings or breach of trust) arising from the receipt or expenditure of amounts described in this subsection. ###
(e)Effect on Current Law Nothing in this section affects any provision of law (including regulations) in effect on the day before the date of enactment of this Act with respect to preenforcement review of any Federal environmental enforcement action. ###
(f)Effect on Reclamation Laws The activities carried out by the Commissioner of Reclamation under this subtitle shall not establish a precedent or impact the authority provided under any other provision of the reclamation laws, including— ####
(1)the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.); and ####
(2)the Omnibus Public Land Management Act of 2009 (Public Law 111-11; 123 Stat. 991). ###
(g)Irrigation Efficiency in Upper Birch Creek Drainage Any activity carried out by the Tribe in the Upper Birch Creek Drainage (as defined in article II.50 of the Compact) using funds made available to carry out this subtitle shall achieve an irrigation efficiency of not less than 50 percent. ###
(h)Birch Creek Agreement Approval The Birch Creek Agreement is approved to the extent that the Birch Creek Agreement requires approval under section 2116 of the Revised Statutes (25 U.S.C. 177). ###
(i)Limitation on Effect Nothing in this subtitle or the Compact— ####
(1)makes an allocation or apportionment of water between or among States; or ####
(2)addresses or implies whether, how, or to what extent the Tribal water rights, or any portion of the Tribal water rights, should be accounted for as part of, or otherwise charged against, an allocation or apportionment of water made to a State in an interstate allocation or apportionment.
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- Pub. L. 111-11
- 123 Stat. 991
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Sec. 3722
MISCELLANEOUS PROVISIONS
Pub. L.Pub. L. 111-11
Stat.123 Stat. 991
Cites 5Cited by 0 across 0 sources